Veterans Legal Services Annual Gala

Veterans Legal Services provides free legal advice and representation to homeless and low-income veterans. They also provide legal advice and representation to individuals and families who are homeless or at risk of homelessness.

Veterans Legal Services relies on the support of their generous donors so they can continue to offer critical legal services to those who need it the most. Their Annual Gala which will be held tonight January 10, 2014 allows them to raise thousands of dollars to ensure that the organization can run for many years to come. A lot of time and preparation goes into preparing for this event, which includes securing a location, gathering valuable auction items and making sure that all of their donors know that they are greatly appreciated.

To find out more information about Veterans Legal Services and the event or to learn more about how you can get involved with the organization you can visit their website at http://veteranslegalservices.org. or contact me at 617-236-5847

Veterans Legal Services Board Members

What Soldiers Need To Know about USERRA Part II

A.  Overview of Part I:

 
Notice To Employers – You have an obligation under the law to provide advance written or verbal notice to your employers for all military duty (exceptions apply).

Important Time Considerations – You must adhere to strict time lines when applying for reemployment or reporting back to your civilian job (based on the time you spent on duty).

B.   What Circumstances May Disqualify You from Asserting USERRA?

There are four (4) circumstances that would disqualify you from asserting your rights under USERRA. You should commit these to memory to avoid any unforeseen disqualifying situations. They are as follows:

1)    Dishonorable and/or bad conduct discharge;

2)   “Other than honorable” discharge (each branch of the military has sp ecific rules governing this
type of discharge);

3)    Dismissal of a commissioned officer via court martial or a Presidential order in time of war (see 10 U.S.C. 1161(a)); and

4)    Dropped from the rolls by the President for being absent without authority for more than three (3) months or imprisonment by a civilian court (see 10 U.S.C. 1161(b)). Losing your right to assert USERRA upon returning to civilian life can have a devastating effect on the rest of your life and that of your family. Therefore, as a servicemember, you should be well aware of these possibilities before and during your service.

C.   Documentation Upon Return

Under USERRA, your employer has rights also. You would be misinformed if you believed USERRA protects you and only you. For example, if an employee has been absent for a period of service longer than thirty-one (31) days an employer has the right to request documentation showing:

1)    Your timely application for reemployment;

2)    You have not exceeded the five (5) year service limitation; and

3)    Your separation from service was other than disqualifying (see 38 U.S.C. 4304). Furthermore, if this documentation does not comply with USERRA because it is not readily available or simply does not exist, your employer MUST reemploy you. However, if you have been reemployed and this documentation later becomes available showing you have violated the requirements, your employer may terminate you. If you happen to be terminated, any benefits you may have been granted will also come to an end.

As you can see, you have an impressive amount of responsibility when it comes to asserting your rights under USERRA. It is imperative that you learn and understand this statute and its procedures.

Stay tuned for Part III:

A.   Your Position Upon Reemployment

B.    Disabilities Incurred or Aggravated While In Service

C.   Employer’s Defenses to Reemployment

What Soldiers Need To Know About USERRA

It doesn’t matter whether you are just enlisted, already in action or waiting for another tour of duty yet it is imperative that you understand and utilize the broad federal protection under USERRA. This law is a federal statute that protects civilian job rights and benefits for veterans and members of the Reserves.

There are many factors about this law that are important; too many for one blog. I will therefore make this a 3 part series on what I consider a very important statute.

A. Notice To Employers

#160; The first factor you should understand is the obligation you have under the law to provide advance written or verbal notice to your employers for all military duty. Fortunately, there are exceptions. You will still have protection if giving notice to your employer is 1) impossible, 2) unreasonable, or 3) precluded by military necessity. For example, being deployed to Iraq or any other war zone would satisfy these exceptions. However, if an exception doesn’t apply, you should provide notice as far in advance as is reasonable under your individual circumstances. Additionally, you are allowed to use accrued vacation or annual leave while performing your duty but you are not required to.

B. Important Time Considerations

Under USERRA, there are also strict time lines you must adhere to when applying for reemployment or reporting back to your job. The period you have to apply for reemployment or report back to work after service is based on the time you spent on duty. You should commit these to memory so you can take advantage of your statutory rights.

• Service of less than 31 days: You must return at the beginning of the next regularly scheduled work period on the first full day after release from service. You may also take into consideration safe travel back home and an 8 hour night of sleep.   
• Service of more than 30 days but less than 181 days: You must submit an application for reemployment within 14 days of release from service.
• Service of more than 180 days: Your application for reemployment must be submitted within 90 days of release from service.

I hope this was helpful in getting you interested in finding out more about your rights and protections under USERRA.

Stay tuned for Part II of our 3 part series. You can find out more information about your rights by visiting the Veterans' Employment and Training Service(VETS) website.